BILL REQ. #:  H-2826.3 

Read first time 01/15/14.   Referred to Committee on Public Safety.

     AN ACT Relating to indecent liberties by a member of the clergy; amending RCW 9A.44.100; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 9A.44.100 and 2013 c 94 s 2 are each amended to read as follows:
     (1) A person is guilty of indecent liberties when he or she knowingly causes another person to have sexual contact with him or her or another:
     (a) By forcible compulsion;
     (b) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless;
     (c) When the victim is a person with a developmental disability and the perpetrator is a person who is not married to the victim and who:
     (i) Has supervisory authority over the victim; or
     (ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense;
     (d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment;
     (e) When the perpetrator is a member of the clergy as defined in RCW 26.44.020 and is in a position of trust or authority over the victim, the clergy uses the position of trust or authority to engage in sexual contact with the victim by exploiting the victim's emotional dependency on the clergy in the clergy's professional position as a religious or spiritual advisor, the victim is an employee, member, guest, visitor, or volunteer of the perpetrator's congregation or organization and is seeking religious or spiritual advice, counseling, aid, comfort, assistance, or guidance in a private session with the clergy, and the sexual contact occurs during such a session, during the time such sessions are occurring, or within a period of two years following the termination of such session or sessions. It is not a defense to a prosecution under this subsection (1)(e) that the victim consented to the sexual contact;
     (f) When the victim is a resident of a facility for persons with a mental disorder or chemical dependency and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or
     (((f))) (g) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who:
     (i) Has a significant relationship with the victim; or
     (ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense.
     (2)(a) Except as provided in (b) of this subsection, indecent liberties is a class B felony.
     (b) Indecent liberties by forcible compulsion is a class A felony.